_Be it enacted, &c._, That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, State, colony, district, or people in war by land or by sea against any prince, State, colony, district or people with whom the United States are at peace, the person so offending shall be deemed guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not exceeding $2,000 and imprisonment not exceeding two years, or either, at the discretion of the Court in which such offender may be convicted. SEC. 2. _And be it further enacted_, That if any person shall, within the territory or jurisdiction of the United States enlist, or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered into the service of any foreign prince, State, colony, district or people as a soldier, or as a marine or seaman on board of any vessel-of-war, letter-of-marque or privateer, every person so offending shall be deemed guilty of a misdemeanor, and shall upon conviction therefor be punished by fine not exceeding $1,000, and imprisonment not exceeding two years, or either of them, at the discretion of the Court, in case such offender shall be convicted; provided that this act shall not be construed to extend to any subject or citizen of any foreign prince, State, colony, district or people, who shall transiently be within the United States, and shall be on board of any vessel of war, letter-of-marque or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, and hire or retain another subject or citizen of the same foreign prince, State, colony, district or people, who is transiently in the United States, to enlist or enter himself to serve such foreign prince, State, colony, district or people, on board such vessel of war, letter-of-marque or privateer, if the United States shall then be at peace with such foreign prince, State, colony, district or people.